40132 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Rules and Regulations 
1PHMSA has placed a copy of the Associations’ 
Petition for Reconsideration and PHMSA’s response 
in the Docket for the Gas Transmission Final Rule, See Docket No. HYPERLINK ‘‘https://
www.regulations.gov/docket?D=PHMSA-2011- 0023’’ PHMSA–2011–0023. 2Gas Pipeline Advisory Committee Meeting Final 
Voting Slides at 1 (Mar. 26–28, 2018). The slide 
presentation is available in the docket, PHMSA– 2011–0023, which can be accessed at www.regulations.gov. DEPARTMENT OF TRANSPORTATION 
Pipeline and Hazardous Materials 
Safety Administration 
49 CFR Part 192 
[Docket No. PHMSA–2011–0023; Amdt. No. 
192–127] 
RIN 2137–AE72 
Pipeline Safety: Safety of Gas 
Transmission Pipelines: MAOP Reconfirmation, Expansion of Assessment Requirements, and Other Related Amendments: Response to a Joint Petition for Reconsideration 
AGENCY : Pipeline and Hazardous 
Materials Safety Administration (PHMSA), DOT. 
ACTION : Final rule; petition for 
reconsideration. 
SUMMARY : This document responds to a 
joint Petition for Reconsideration (Petition) that was submitted on October 31, 2019, by the American Gas Association, the American Petroleum Institute, the American Public Gas Association, and the Interstate Natural Gas Association of America (the Associations). In the Petition, the Associations requested that PHMSA amend the final rule titled ‘‘Safety of Gas Transmission Pipelines: MAOP Reconfirmation, Expansion of Assessment Requirements, and Other Related Amendments’’ (Gas Transmission Final Rule) published in the Federal Register on October 1, 2019. 
In response to the Petition, PHMSA is amending the Gas Transmission Final Rule to address the requirements for recordkeeping and the applicability of maximum allowable operating pressure (MAOP) reconfirmation. The amendments are intended to clarify the regulatory requirements identified in the Petition without adversely affecting safety. 
DATES : The effective date of this rule is 
July 1, 2020. 
FOR FURTHER INFORMATION CONTACT : For 
technical questions, contact Steve Nanney, Project Manager, by telephone at 713–272–2855 or by email at steve.nanney@dot.gov. For general 
information, contact Robert Jagger, Senior Transportation Specialist, by telephone at 202–366–4361 or by email at robert.jagger@dot.gov. 
SUPPLEMENTARY INFORMATION : 
I. Background 
On October 1, 2019, (84 FR 52180) 
PHMSA published a final rule titled, ‘‘Safety of Gas Transmission Pipelines: MAOP Reconfirmation, Expansion of Assessment Requirements, and Other 
Related Amendments,’’ (Gas Transmission Final Rule) that amended the Pipeline Safety Regulations (PSR) at 49 CFR part 192 to improve the safety of onshore gas transmission pipelines. The Gas Transmission Final Rule addressed integrity management requirements and other requirements. 
The Gas Transmission Final Rule 
focused on the actions an operator must take to reconfirm the maximum allowable operating pressure (MAOP) of previously untested natural gas transmission pipelines and pipelines lacking certain material or operational records. It also required operators to reconfirm the MAOP of those segments and gather any necessary material property records they might need to do so, where the records needed to substantiate the MAOP are not traceable, verifiable, and complete. Examples of the records necessary to confirm MAOP include pressure test records or material property records (mechanical properties) that verify the MAOP is appropriate for the class location. 
On October 31, 2019, the American 
Public Gas Association, the American Gas Association, the Interstate Natural Gas Association, and the American Petroleum Institute (the Associations) submitted a Petition for Reconsideration of the Gas Transmission Final Rule in accordance with 49 CFR 190.335. In the Petition, the Associations requested that PHMSA (1) clarify that the recordkeeping requirement in § 192.5(d) only applies to transmission pipelines, and (2) limit the applicability of the 
MAOP reconfirmation requirements in § 192.624(a)(1) to those pipeline segments that do not have a traceable, verifiable, and complete pressure test record under § 192.619(a)(2). PHMSA granted the Petition and responded with a letter dated December 20, 2019, in accordance with 49 CFR 190.337(b).
1 
This final rule amends the Gas Transmission Final Rule to implement the changes. 
Petition To Clarify the Applicability of 
the Recordkeeping Requirements of § 192.5(d) 
In the Gas Transmission Final Rule 
published on October 1, 2019, PHMSA added § 192.5(d) to require an operator to have and maintain records that document the current class location of each pipeline segment. In the preamble, PHMSA stated that this recordkeeping 
requirement applies to each operator of a gas transmission pipeline; however, PHMSA inadvertently omitted language in the rule’s regulatory text that would have made clear that the recordkeeping requirements of that section applied only to gas transmission pipelines. In their Petition, the Associations requested that PHMSA clarify that the recordkeeping requirements in § 192.5(d) only apply to gas transmission pipelines. This request aligns with the final rule’s original intent. 
After reviewing the Petition, the 
language in the Gas Transmission Final Rule, and the Pipeline Safety Regulations, PHMSA granted the Associations’ request to clarify that the recordkeeping requirements in § 192.5(d) only apply to gas transmission pipelines. The recordkeeping requirements of that section apply to records that document current class location determinations and records that demonstrate how an operator arrived at such a determination for each class location. PHMSA has concluded that the change requested in the Petition is appropriate, is consistent with the original intent of the final rule, and does not compromise safety. 
Petition To Limit the Applicability of 
§ 192.624(a)(1) 
In the Gas Transmission Final Rule, 
PHMSA defined a set of pipeline segments for which operators must reconfirm the MAOP. Specifically, § 192.624(a)(1) requires operators of certain gas transmission pipelines to reconfirm MAOP if, among other things, the ‘‘records necessary to establish the MAOP in accordance with § 192.619(a) . . . are not traceable, verifiable, and complete’’ (TVC). In the Petition, the Associations requested that PHMSA revise § 192.624(a)(1) to clarify that it does not apply where an operator already has records necessary to establish MAOP under § 192.619(a)(2) (i.e., pressure test records). The 
Associations stated that ‘‘without the specific reference to § 192.619(a)(2), it is unclear whether an operator must reconfirm MAOP when a pipeline segment already has a TVC pressure test record but is missing other records under § 192.619(a)(1) or (a)(3).’’ The Associations noted that this revision would align with a corresponding Gas Pipeline Advisory Committee recommendation
2and confirm that 
VerDate Sep<11>2014 18:55 Jul 02, 2020 Jkt 250001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR140133 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Rules and Regulations 
3PHMSA granted the Associations’ Petition in a 
letter dated Dec. 20, 2019. The letters responding 
to Associations are available in the docket, PHMSA–2011–0023, which can be accessed at www.regulations.gov. 
4PHMSA may provide more clarification on these 
requirements in the upcoming rulemaking, ‘‘Pipeline Safety: Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments.’’ RIN 2137–AE72. 
558 FR 51735 (Oct. 4, 1993). 
682 FR 9339 (Feb. 24, 2017). § 192.624(a)(1) does not require 
operators to reconfirm the MAOP of pipeline segments if they have TVC pressure test records. 
PHMSA granted the Associations’ 
Petition to limit the applicability of the MAOP reconfirmation requirements of § 192.624(a)(1) to those pipeline segments that do not have TVC pressure test records under § 192.619(a)(2).
3 
PHMSA has determined that the Associations’ specific request to limit the applicability of these MAOP reconfirmation requirements in § 192.624(a)(1) will not compromise safety because the availablility of TVC pressure test records under § 192.619(a)(2) allows an operator to establish the MAOP for the pipeline segment without the need for reconfirmation. Further, this change is consistent with recommendations from the Gas Pipeline Advisory Committee and the language proposed in the Notice of Proposed Rulemaking (HYPERLINK ‘‘https://www.federalregister.gov/ citation/81-FR-20722’’ 81 FR 20722; April 8, 2016). 
As already specified in the Gas 
Transmission Rule, if operators are missing any material properties during anomaly evaluations and repairs, operators must confirm those material properties under §§ 192.607 and 192.712(e) through (g).
4Any pipeline 
segment that is missing records necessary to comply with other aspects of the PSR must meet all applicable provisions of part 192 for any future MAOP increases. An increase in MAOP must be based upon the applicable requirements for design; pressure testing; highest actual operating pressure (for any segment not re- pressure tested); and the maximum safe operating pressure based upon the pipeline history as required by § 192.619(a)(1) through (4). In addition, any increase in MAOP must be based upon the class location requirements in §§ 192.5 and 192.611 for MAOP determination. 
II. Regulatory Analyses and Notices Statutory/Legal Authority 
These amendments are made 
pursuant to the Federal Pipeline Safety Statutes (49 U.S.C. 60101 et seq.). 
Section 60102 authorizes the Secretary of Transportation to issue regulations governing design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities, as delegated to the PHMSA Administrator under 49 CFR 1.97. 
Executive Orders 12866 and 13771, and 
DOT Regulatory Policies and Procedures 
Executive Order 12866 (‘‘Regulatory 
Planning and Review’’
5) requires 
agencies to regulate in the ‘‘most cost- effective manner,’’ to make a ‘‘reasoned determination that the benefits of the intended regulation justify its costs,’’ and to develop regulations that ‘‘impose the least burden on society.’’ Similarly, 
DOT regulations require that regulations issued by PHMSA and other DOT Operating Administrations ‘‘should be designed to minimize burdens and reduce barriers to market entry whenever possible, consistent with the effective promotion of safety’’ and should generally ‘‘not be issued unless their benefits are expected to exceed their costs.’’ § 5.5(f)–(g). The Gas Transmission Final Rule was considered a significant regulatory action under Executive Order 12866 and Executive Order 13771
6(‘‘Reducing Regulation 
and Controlling Regulatory Costs’’). It was also considered significant under the Regulatory Policies and Procedures of the DOT at 49 CFR part 5 because of substantial congressional, State, industry, and public interest in pipeline safety. Therefore, the Office of Management and Budget (OMB) reviewed the Gas Transmission Final Rule in accordance with Executive Order 12866, and determined the rule was consistent with Executive Order 12866 requirements and 49 U.S.C. 60102(b)(5)–(6). PHMSA published a final regulatory impact analysis for the Gas Transmission Final Rule, which is available in the rulemaking docket. 
This document amends the Gas 
Transmission Final Rule and imposes no incremental changes or costs to the regulated industry, except that the amendments may provide relief to the extent the changes reduce confusion by improving the clarity of the regulations. Therefore, this is a non-significant action and was not reviewed by OMB. 
Regulatory Flexibility Act 
The Regulatory Flexibility Act, as 
amended by the Small Business 
Regulatory Flexibility Fairness Act of 1996 (5 U.S.C. 601 et seq.) requires 
Federal regulatory agencies to prepare a Final Regulatory Flexibility Analysis (FRFA) for any final rule subject to notice-and-comment rulemaking under the Administrative Procedure Act (5 U.S.C. 553), unless the agency head certifies that the rule will not have a significant economic impact on a substantial number of small entities. PHMSA prepared a FRFA for the Gas Transmission Final Rule, which is available in the docket for this 
rulemaking. These amendments to the Gas Transmission Final Rule have no substantial effect on that analysis. 
Paperwork Reduction Act 
These amendments impose no new 
requirements for the recordkeeping and 
reporting contained in the October 1, 2019, Gas Transmission Final Rule. 
Unfunded Mandates Reform Act of 1995 
These amendments to the Gas 
Transmission Final Rule do not impose 
unfunded mandates under the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.; UMRA). They do not impose enforceable duties on State, local, or Tribal governments or on the private sector of $100 million or more, adjusted for inflation, in any one year and therefore do not have implications under Section 202 of the UMRA of 1995. 
PHMSA prepared an analysis of the 
UMRA considerations in the final regulatory impact analysis for the Gas Transmission Final Rule, which is available in the docket for the rulemaking. These amendments to the Gas Transmission Final Rule have no substantial effect on that analysis. Therefore, PHMSA determines that these amendments imposes no unfunded mandates. 
National Environmental Policy Act 
PHMSA had analyzed the Gas 
Transmission Final Rule in accordance 
with the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) and implementing Council on Environmental Quality regulations (40 CFR part 1500) and DOT implementing policies (DOT Order 5610.1C, ‘‘Procedures for Considering Environmental Impacts’’) and determined the final rule would not significantly affect the quality of the human environment. PHMSA prepared an analysis of the NEPA considerations in an Environmental Analysis for Gas Transmission Final Rule, which is available in the docket for the rulemaking. The amendments to the Gas Transmission Final Rule implemented by this document have no substantial effect on the NEPA analysis. 
VerDate Sep<11>2014 18:55 Jul 02, 2020 Jkt 250001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR140134 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Rules and Regulations 
764 FR 43255 (Aug. 10, 1999). 
866 FR 28355 (May 22, 2001). 965 FR 67249 (Nov. 9, 2000). 
1077 FR 26413 (Nov. 9, 2000). Privacy Act Statement 
In accordance with 5 U.S.C. 553(c), 
DOT solicits comments from the public 
to inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in 
the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. 
Executive Order 13132 
PHMSA analyzed these amendments 
to the Gas Transmission Final Rule in 
accordance with Executive Order 13132 (‘‘Federalism’’
7). The Federal Pipeline 
Safety Statute, specifically 49 U.S.C. 60104(c), prohibit State safety regulation of interstate pipelines. Under the pipeline safety laws, States have the ability to augment pipeline safety requirements for intrastate pipelines regulated by PHMSA, but may not approve safety requirements less stringent than those required by Federal law. A State may also regulate an intrastate pipeline facility PHMSA does not regulate. It is these statutory provisions, not the rule, that govern preemption of State law. 
PHMSA analyzed the Gas 
Transmission Final Rule and determined that the consultation and funding requirements of Executive Order 13132 do not apply. These amendments to Gas Transmission Final Rule have no substantial effect on that analysis. These amendments to the Gas Transmission Final Rule do not have a substantial direct effect on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. These amendments do not impose any substantial direct compliance costs on State and local governments. 
Executive Order 13211 
PHMSA analyzed the Gas 
Transmission Final Rule and 
determined that the requirements of Executive Order 13211 (‘‘Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use’’)
8do not apply. 
These amendments to the Gas 
Transmission Final Rule are not a ‘‘significant energy action’’ under Executive Order 13211. These amendments are not likely to have a significant adverse effect on supply, distribution, or energy use. Further, OMB has not designated these amendments as a significant energy 
action. 
Executive Order 13175 
This document was analyzed in 
accordance with the principles and 
criteria contained in Executive Order 13175 (‘‘Consultation and Coordination with Indian Tribal Governments’’)
9and 
DOT Order 5301.1, ‘‘Department of 
Transportation Policies, Programs, and Procedures Affecting American Indians, Alaska Natives, and Tribes.’’ Executive Order 13175 and DOT Order 5301.1 require DOT Operating Administrations to assure meaningful and timely input from Indian Tribal government representatives in the development of rules that significantly or uniquely affect Tribal communities by imposing ‘‘substantial direct compliance costs’’ or ‘‘substantial direct effects’’ on such communities or the relationship and distribution of power between the Federal Government and Indian Tribes. The amendments within this document neither impose direct compliance costs on Tribal communities, nor have a substantial direct effect on those communities. Therefore, the funding and consultation requirements of Executive Order 13175 and DOT Order 5301.1 do not apply. 
Executive Order 13609 and 
International Trade Analysis 
Under Executive Order 13609 
(‘‘Promoting International Regulatory Cooperation’’
10), agencies must 
consider whether the impacts associated with significant variations between domestic and international regulatory approaches are unnecessary or may impair the ability of American business to export and compete internationally. In meeting shared challenges involving health, safety, labor, security, environmental, and other issues, international regulatory cooperation can identify approaches that are at least as protective as those that are or would be adopted in the absence of such cooperation. International regulatory cooperation can also reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The amendments in this document do not impact international trade. 
Regulation Identifier Number (RIN) 
A regulation identifier number (RIN) 
is assigned to each regulatory action 
listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading 
of this document can be used to cross- reference this action with the Unified Agenda. 
List of Subjects in 49 CFR Part 192 
Incorporation by reference, Integrity 
assessments, Material properties 
verification, MAOP reconfirmation, Pipeline safety, Predicted failure pressure, Recordkeeping, Risk assessment, Safety devices. 
In consideration of the foregoing, 
PHMSA is amending 49 CFR part 192 as follows: 
PART 192—TRANSPORTATION OF 
NATURAL AND OTHER GAS BY PIPELINE: MINIMUM FEDERAL SAFETY STANDARDS 
■1. The authority citation for part 192 
continues to read as follows: 
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 
5103, 60101 et seq., and 49 CFR 197. 
■2. In § 192.5, as amended October 1, 
2019, at 84 FR 52243 and effective July 1, 2020, paragraph (d) is revised to read as follows: 
§ 192.5 Class locations. 
* * * * * 
(d) An operator must have records 
that document the current class location of each gas transmission pipeline segment and that demonstrate how the operator determined each current class location in accordance with this section. 
■3. In § 192.624, as amended October 1, 
2019, at 84 FR 52247 and effective July 1, 2020, paragraph (a)(1) introductory text is revised to read as follows: 
§ 192.624 Maximum allowable operating 
pressure reconfirmation: Onshore steel transmission pipelines. 
(a) * * * 
(1) Records necessary to establish the 
MAOP in accordance with 
§ 192.619(a)(2), including records required by § 192.517(a), are not traceable, verifiable, and complete and the pipeline is located in one of the following locations: 
* * * * * 
Issued in Washington, DC, on June 29, 
2020, under authority delegated in 49 CFR 
part 1.97. 
Howard R. Elliott, Administrator. 
[FR Doc. 2020–14403 Filed 7–1–20; 11:15 am] 
BILLING CODE 4910–60–P 
VerDate Sep<11>2014 18:55 Jul 02, 2020 Jkt 250001 PO 00000 Frm 00046 Fmt 4700 Sfmt 9990 E:\FR\FM\06JYR1.SGM 06JYR1